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E-875 Grant of Easement for Sidewalk Purposes, APN 316-09-029 RECORDING REQUESTED BY: 24424908 Regina Alcomendras City of Cupertino Santa Clara County - Clerk-Recorder 03/09/2020 12:29 PM WHEN RECORDED, MAIL TO: Titles: 1 Pages: 8 Fees: 0.00 City Clerk's Office Total: 0.00 City of Cupertino ,III FAL'IR.%011h�Ojr�F',111911141iANIA 11111 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27361.3 GRANT OF EASEMENT FOR SIDEWALK PURPOSES Cupertino, CA APN 316-09-029 Original 13 Conformed Copy Space above this line for Recorder's use. GRANT OF EASEMENT FOR SIDEWALK PURPOSES APN 316-09-029 ("Property") TANTAU CUPERTINO DEVELOPMENT ONE LLC, a Delaware limited liability company ("TCD") grants to the CITY OF CUPERTINO ("CITY") anon-exclusive easement for public sidewalk purposes, together with the right to construct any and all improvements which shall be or become necessary for the operation of the sidewalk (and to repair, operate and maintain any ; existing or future sidewalk improvements), over the hereinafter described property which is i situated in the City of Cupertino, County of Santa Clara, State of California, and is described as follows ("Easement Area"): (see Exhibits "A"& `B") Nothing herein contained shall prohibit TCD from constructing or allowing a third party to construct any improvement within the Easement Area, so long as such improvement does not interfere with pedestrian use or CITY maintenance of the sidewalk within the Easement Area. CITY will maintain, repair, and replace all sidewalks in the Easement Area pursuant to City of Cupertino Public Works Procedures Number III-2 regarding Sidewalk/Curb and Gutter, as may 1 be amended from time to time, and the Easement Area shall be subject to the provisions of any successor ordinance, resolution, or policy concerning sidewalk maintenance. If, following thirty days' written notice by TCD to the CITY's Director of Public Works detailing maintenance, repair, or replacement that is warranted pursuant to Cupertino Public Works Procedures Number III-2, as may be amended, and any successor ordinance, resolution, or policy, CITY has not performed such work (which may include temporary repairs), TCD may perform or cause to be performed such work to CITY standards, upon issuance of an encroachment permit by the Public Works Department,which issuance shall not be unreasonably withheld or delayed. CITY will reimburse TCD for the cost of work pursuant to the above, based on documented expenses, provided, however, that any reimbursement shall not exceed reasonable costs based on recent CITY contracts for similar work. CITY will reimburse TCD for work that costs $1,000 or more only if the work is conducted in compliance with the requirements for public works i contracts under Part 7 of Division 2 of the California Labor Code (Section 1720, et seq.). i i This easement shall be a burden on the Property, which burden shall run with the land and shall i be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 2 IN WITNESS WHEREOF, executed this day of January, 2020. TANTAU CUPERTINO DEVELOPMENT ONE LLC, a Delaware lir�r�ted liability o any By: / Name: Title: CITY OF CUPERTINO, a municipal corporatio By: � ��— Name: 4/o.SLc y Title: City Approved as to forin: e By: � Name: n,_ rkA,n n e,-c- Title: (Notary acknowledgment to be attached) 1138166.3 I i i i 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of�-,io, C_ Co_ -o, On_3 (9 a6a0before me, 1r1 I/ ate Here Insert Name and Title oY-4 Officer personally appeared MCA '}- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and off ici eal. NCt3.^J i'-C.ic JC-Ca;ifornia Santa Gaya County =� Commission 8 2311990 Signature My Comm.Expires Dec 61 2023 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document S iu,4*� Kty-Jo�� Title or Type of Document: j o U ��n _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Clara On All s 7-,7, before me, Kirsten Squarcia ,Notary Public, (Here insert name and title of the officer) personally appeared X 4F who proved to me on the basis of satisfactory evidence to be the personywhose name s/are subscribed to the within instrument and acknowledged to me that.he/she/they executed the same in his/her/their authorized capacity), and that by his/her/their signatureW on the instrument the person'j, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5� o� KIRSTEN SQUARCIA WITNESS my hand and official seal. = Notary Public-California = ` Santa Clara County > Z Commission#2257322 My comm.Expires Oct 4,2022 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. - Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lie/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this El Individual(S) information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a 1 (Title) sufficient area permits,otherwise complete a different acknowledgment form. I ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of 1 the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other I& Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). - Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLinkcom—Nationwide Notary Service EXHIBIT "A" Sidewalk Easement All that real property situated in the City of Cupertino, County of Santa Clara, State of California, being those portions of PARCEL ONE and PARCEL TWO as said PARCEL ONE and said PARCEL TWO are described in that certain Grant Deed to Tantau Cupertino Development One LLC, a Delaware limited liability company, recorded February 2, 2017 as Document Number 23574613, Official Records of County of Santa Clara, said portions being a strip of land 3 foot wide, the westerly sideline of which being described as follows: BEGINNING at the Northwesterly corner of said PARCEL ONE;thence along the Westerly lines of said PARCEL ONE and said PARCEL TWO, South 00°13'24" West, 592.02 feet and along a tangent curve to the right with a radius of 637.50 feet, through a central angle of 05°53'22", an arc length of 65.53 feet to the Southerly line of said PARCEL TWO, being the terminus of herein described Westerly sideline. The sidelines of said strip of land shall be prolonged or shortened so as to begin at the Northerly line of said PARCEL ONE and terminate at the Southerly line of said PARCEL TWO. CONTAINING 1,973 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Prepared by: ,3Np,L LA/VD Luk&Associates, Inc. LIN4-SG� Jacquly a Lul�� PLS 8934 a LS 8934 s �X Date: 1/13/2020 �TF-Or CAL�F�� HOMESTEAD ROAD LEGEND NEW SIDEWALK EASEMENT — — — — RIGHT—OF—WAY LINE P.O.B. POINT OF BEGINNING t MORE OR LESS LANDS OF S.F. SQUARE FEET i l\j]Dr 11 IANTAU M MAPS i JOI JJ1\JGS Jl\1C APN ASSESSOR'S PARCEL NUMBER 89*46'06`W DOC. NO. DOCUMENT NUMBER P.O.B. I (R1) RECORD DATA PER 3.00' DOCUMENT NO. 23574613 \ GRAPHIC SCALE PARCEL ONE 100 0 50 100 200 3•00' DOC. NO. 23574613 PARCEL -1 ( IN FEET ) 131 J IM -10 SIDEWALK EASEMENT 1 inch = 100 ft. �- AREA = 1,973 S.F.f �n LO N $ \- rl CI \r -r�11 r �� ����r�-r111� W W • Jr V r I OPIM- 1\l7 O1\L LLC i N N r APIN 3 -00J020 $ $ DOC, 1\10, 2 61%6 13 i z z S��NAL �s z PARCEL TWO ENE UNc �'v t"GAL DOC. NO. 23574613 a o LS 8934 -N- I JACQUNNE'LIM,ILS 8934 qrF OF OA��F4Q` EXHIBIT B L637.53' SIDEWALK EASEMENT R=637.50' L=65.58' � R=640.q0 05'53'22` NORTH TANTAU AVENUE CUPERTINO, CA (L=65.76' R1 &05'52 000 -.- DECEMBER 2017 SCALE: 1 =100 k=05*54'38`��Ri .- .. .- --� 8925'580E Prepared By Luk and Associates 3.02' PARCEL 2 Civil Engineers — Land Planners — Land Surveyors / I 1310 1y1 -119 738 Alfred Nobel Drive Hercules, California 94547 (510) 724-3388 SHEET 1 OF 1 F: Jobs FILE2013 13005A10 Plat and Legals TANTAU—NORTH—SW—ESMT.dwg PLOT DATE: DEC. 11, 2017